HomeMy WebLinkAbout08 - Master Funding Agreement with OCTACITY OF
NEWPORT BEACH
City Council Staff Report
July 8, 2014
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer
PHONE: 949- 644 -3315
TITLE: Approval of Amendment No. 2 to the Master Funding Agreement No. C -1 -2776 with
Orange County Transportation Authority (OCTA)
ABSTRACT:
The City of Newport Beach and the Orange County Transportation Authority (OCTA) approved Master
Funding Agreement No. C -1 -2776 (Agreement) in order for the City to maintain eligibility for Measure M2
competitive funds. Amendment No. 2 is required to revise the numbering systems of approved
amendments and letter agreements and to make minor adjustments to the Agreement.
RECOMMENDATION:
Approve and execute Amendment No. 2 to Master Funding Agreement No. C -1 -2776.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
On September 13, 2011, City Council approved Master Funding Agreement No. C -1 -2776 with OCTA. In
accordance with this Agreement, the City is eligible to participate in various Measure M2 competitive
funding programs. OCTA administers the call for projects as funds become available. Upon successful
application for Measure M2 competitive funds, the City and OCTA execute a letter agreement to include
new projects that will be receiving Measure M2 competitive funds. Amendments are also required to make
minor revisions to the Agreement.
Amendment No. 2 is required to revise the numbering systems of approved amendments and letter
agreements for consistency purposes. This amendment also includes minor adjustments to the "Delegated
Authority" and "Audit and Inspection" articles as requested by OCTA's Internal Audit and General Counsel.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act
( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
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Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A. Amendment No. 2 to Master Funding Agreement No. C -1 -2776
116
ATTACHMENT A
1 AMENDMENT NO. 2 TO
2 MASTER FUNDING AGREEMENT NO. C -1 -2776
3 BETWEEN
4 ORANGE COUNTY TRANSPORTATION AUTHORITY
5 AND
6 CITY OF NEWPORT BEACH
7 FOR
8 M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS
9 THIS AMENDMENT NO. 2 is effective this day of 2014, by and
10 between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange,
11 California 92863 -1584, a public corporation of the State of California (hereinafter referred to as
12 "AUTHORITY "), and the City of Newport Beach, 100 Civic Center Drive, Newport Beach, CA 92660, a
13 municipal corporation (hereinafter referred to as "AGENCY ") each individually known as "Party" and
14 collectively known as the "Parties ".
15 WITNESSETH:
16 WHEREAS, by Agreement No. C -1 -2776 dated October 13, 2011, as last changed by Letter
17 Agreement No. 6 dated November 18, 2013, AUTHORITY and AGENCY entered into a Master
18 Funding Agreement that defines the specific terms and conditions and funding responsibilities between
19 AUTHORITY and AGENCY for Comprehensive Transportation Funding Programs (CTFP) and Local
20 Fair Share Program Net Revenues;
21 WHEREAS, currently Letter Agreements and Amendments to the Master Funding Agreement
22 (Amendments) are numbered sequentially as issued; and
23 WHEREAS, the Letter Agreements are sub - agreements to the Master Funding Agreement; and
24 WHEREAS, the AUTHORITY and AGENCY desire to separate the Letter Agreements from the
25 Amendments and assign separate numbering conventions to each; and
26 1
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AMENDMENT NO. 2 TO
AGREEMENT NO. C -1 -2776
1 WHEREAS, due to the change in the numbering convention for the Letter Agreements and
2 Amendments, this Amendment No. 2 will revise the numbering for Amendments to Agreement No. C -1-
3 2776 issued to date as follows: Amendment No. 5 (Revised) dated July 1, 2013 is changed to
4 Amendment No. 1, with the subsequent Amendments to the Master Funding Agreement to be
5 numbered sequentially beginning with this Amendment No. 2; and
6 WHEREAS, the next Letter Agreement to be issued will be No. 7 with Attachment A -7; Letter
7 Agreement No. 5 and Attachment A -6 will not be used; and
8 WHEREAS, AUTHORITY is revising the audit language with no change to the maximum
9 cumulative obligation; and
10 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that
11 Agreement No. C-1 -2776 is hereby amended in the following particulars only:
12 1. Amend ARTICLE 5. DELEGATED AUTHORITY, page 6 of 10, to delete in its entirety
13 and in lieu thereof insert:
14 'The actions required to be taken by AGENCY in the implementation of this Agreement are
15 delegated to its Director of Public Works, or his/her designee, and the actions required to be taken by
16 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive
17 Officer or designee:'
18 2. Amend ARTICLE 6. AUDIT AND INSPECTION, page 6 of 10, last changed by
19 Amendment No. 5 (Revised) (now identified as Amendment No. 1) dated July 1, 2013, to delete in its
20 entirety and in lieu thereof insert:
21 "AUTHORITY and AGENCY shall maintain a complete set of records in accordance with
22 generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the
23 authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll,
24 contracts, books, accounts, and other data and records of AGENCY for a period of five (5) years after
25 final payment by AUTHORITY for CTFP projects. For the Local Fair Share program, upon reasonable
26 notice, AGENCY shall permit the authorized representatives of the AUTHORITY to inspect and audit all
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AMENDMENT NO.2 TO
AGREEMENT NO. C -1 -2776
work, materials, payroll, contracts, books, accounts, and other data and records of AGENCY for a
period of five (5) years after expenditure of funds or five (5) years after final payment of debt service
where local fair share revenues were pledged, whichever is longer. AUTHORITY shall have the right to
reproduce any such books, records, and accounts. The above provision with respect to audits shall
extend to and /or be included in contracts with AGENCY's contractor(s)."
3. Amend ARTICLE 8. ADDITIONAL PROVISIONS, page 9 of 10, Paragraph L, to update
AUTHORITY's contact information.
To AGENCY: To AUTHORITY:
City of Newport Beach Orange County Transportation Authority
100 Civic Center Drive 550 South Main Street
Newport Beach, CA 92660 P.O. Box 14184
ATTENTION: David A. Webb
Director of Public Works
Tel: (949) 644 -3330
E -mail: dawebb @newportbeachca.gov
Orange, CA 92863 -1584
ATTENTION: Michael Le
Associate Contract Administrator
Tel: (714) 560 — 5314
E -mail: mle1(a)octa.net
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AMENDMENT NO. 2 TO
AGREEMENT NO. C -1 -2776
1 The balance of Agreement No. C -1 -2776 remains unchanged
2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement
3 C -1 -2776 to be executed as of the date first above written.
4 CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
5 By: By:
6 Rush N. Hill, II Meena Katakia
Mayor Manager, Capital Projects
7
8 ATTEST: APPROVED AS TO FO
9 By: By:
10 Leilani I. Brown Kennard R. Smart, Jr.
11 City Clerk General Counsel
12 APPROVED AS TO FORM:
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By.
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15 Aaron C. Harp
City Att prney , Z 61
16 Dated:
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